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Banning Personal Injury Lawyer

Walter Clark Legal Group is your trusted advocate for injury cases. Our team of dedicated attorneys understands the physical, emotional, and financial toll an accident could have on your life and aims to provide high-quality support when you need it most.

When you have suffered an injury in a car accident, slip and fall incident, or workplace mishap, our experienced Banning personal injury lawyer is here to help you navigate the legal process and fight for the compensation you deserve.

Common Personal Injury Cases

Personal injury law includes cases where an individual experiences physical, emotional, or psychological harm due to someone else’s negligent actions. It is a branch of civil law that covers a variety of incidents, including:

When an injured person and their Banning attorney successfully prove their personal injury case, they may be entitled to compensation through settlement negotiations with insurance companies or by pursuing a lawsuit in civil court.

Establishing Liability in a Personal Injury Case

A person may find understanding the claims process after a personal injury overwhelming, especially when dealing with the physical and emotional aftermath of an accident. Fortunately, a personal injury lawyer in Banning may take the reins and navigate the process.

An attorney starts with a thorough investigation to gather evidence and build a strong foundation for a successful injury case. An experienced legal team could work to obtain police reports, witness statements, and medical records that help establish who is at fault for an accident and prove that their negligence contributed to the incident. Establishing negligence requires the injured person and their legal representative to prove four key elements:

The defendant owed the injured person a duty of care
The defendant breached that duty of care
There is a direct link between the defendant’s breach of duty and the injuries
The injured person experienced damages, both economic and non-economic

Once legal counsel has established liability, they calculate damages and send a formal demand letter for compensation.

Strict Liability Applies in Some Cases

Sometimes, a Banning injury attorney does not need to prove negligence. Sometimes the law makes a defendant strictly liable when an injury occurs, even when the defendant used reasonable care.

For example, California Civil Code §3342 makes a dog’s owner strictly liable for your injuries if the dog bit you on public property or when you were legally on private property. You do not need to prove that the owner knew the dog was aggressive or show that the owner was at fault in any other way.

If you were injured by a defective product, including a medication or medical device, the manufacturer could be strictly liable for your injuries. You do not need to prove that the defendant was negligent, but you must prove that an error in design or manufacturing, or inadequate labeling or warnings, was the direct cause of your injuries.

Can You Make a Claim If You Were Partially at Fault?

Sometimes accidents are clearly the fault of one party. However, many accidents that cause injuries occur because of a combination of factors. If you were partially at fault in an incident, you can still claim reduced damages for your injuries from other responsible parties.

California law applies the standard of pure comparative fault in these cases. When more than one party caused an accident, each is responsible for their portion of an injured person’s damages. Even if you were 80 percent responsible, you can still claim 20 percent of your damages from other responsible parties.

Allocating fault usually happens during settlement negotiations, and it has a big impact on the amount of damages you can collect. Work with a Banning accident lawyer who can advocate aggressively to ensure you do not bear more than your fair share of the blame.

Personal Injury Compensation Types

In a personal injury case, a person may be entitled to various types of compensation, also referred to as damages. Common types of compensation associated with injury cases include:

Economic damages, such as out-of-pocket medical expenses, medication, therapy, lost wages, and ambulance fees
Non-economic damages, such as emotional distress, loss of consortium, physical pain, and discomfort
Punitive damages, which punish the defendant for gross negligence or willful malice

The types and amounts of compensation available vary depending on factors such as the jurisdiction, the specific laws applicable to the case, the severity of the injuries, and the strength of the evidence presented. For example, unlike other states, California does not cap punitive damages, meaning a personal injury attorney in Banning could secure more reparations.

Negotiation and Settlement

After delivering a formal complaint, an experienced personal injury lawyer in Banning may negotiate with insurance companies or opposing parties to seek a fair settlement. Working with an attorney could mean the difference between fair negotiation and intimidation schemes, as insurance companies often use tactics to devalue claims.

Most compensation claims end in settlement. However, when the negotiation and settlement phase fail, the claim may proceed to the courtroom. For this reason, an injured person should look for a lawyer with relevant experience litigating on behalf of their clients.

Statute of Limitations

The personal injury claims process is under a strict time limit. California statute of limitations sets the legal deadline for filing a lawsuit after an injury at two years. Individuals filing a claim must do so within two years of discovering the injury. Two years is a deceptively short time, so a person should contact a legal representative as soon as possible.

Injuries to Minors

When a child is injured, the statute of limitations does not begin running until they turn 18. However, depending on the circumstances and the age of the child when injured, waiting may be an unsatisfactory option. Parents and guardians can file a legal claim on behalf of their child, and must do so within the two-year time limit in most cases.

Injuries to children make for complex cases because it can be difficult to determine the long-term impact of the harm they suffered. In addition, courts must approve a settlement in most cases and will supervise the use of the funds awarded to the child. A Banning attorney can explain the special procedures that pertain to child injury cases so you know what to expect.

Short Window: If a Government Entity May Be Liable

Units of government or government agencies are sometimes potentially liable in personal injury cases. A few common examples include:

An auto accident involving a school bus, garbage truck, or police vehicle
A fall in a government office building
Drowning or near-drowning in a municipal pool
Injuries suffered at a city-sponsored fireworks display

There are numerous other circumstances in which a town, city, county, or the state could have liability in a personal injury case.

Strict time limits apply to injury claims against the government. You cannot wait two years—you must file a notice of claim with the appropriate office within six months of the injury. If you do not submit the notice of claim on time, your claim will be denied, and you will not have recourse to the courts.

Contact Us To Hire a Banning Personal Injury Attorney Today

An experienced Banning personal injury lawyer could stand with you and defend your rights in every phase of the claim process. Do not allow insurance companies and their lawyers to intimidate you into accepting a lower settlement than you deserve. Contact Walter Clark Legal Group today to discuss your case and available options.